Last Will and Testament of Anthony Bradshaw of Holbrook, gentleman (1722)

In the name of God Amen the four and twentieth day of August in the yeare of our Lord God one thousand seven hundred and twenty and two I Anthony Bradshaw of Holbrooke in the County of Derby gent being weake in body but of sound and perfect mind and memory (God be praised) doe make and ordain this my last Will and Testament in manner and forme following (that is to say) First I comend my Soule into the hands of Almighty God my mercyfull Creator hopeing and steadfastly believeing  to obtaine everlasting life through the precious and meritorious death and suffering of my Lord and Saviour Jesus Christ and my Body to the earth to be decently buryed at the discretion of mine Executrix herein after named Item I doe hereby make ordain constitute and appoint my deare wife Martha to be sole Executrix of this my Last Will Item I give and bequeath unto my loveing Brothers Samuel and Thomas Bradshaw and my Sister Frances Bradshaw Twenty pounds apiece to buy the Mourning Item I give and bequeath unto each and every of my hired Servants that shall live with me at the time of my decease the sum of forty shillings apiece Item all the rest and residue of my goods chattels debts owing unto me and personall estate after my debts owing at my decease are paid my funerall expenses discharged and the Legacyes by me herein before given are fully satisfied I give and bequeath the same unto my said deare wife for her owne sole and absolute use But my said personall estate is not hereby intended to be lyable to or to make any safisfation for any debt or demand upon the amount of for the breadth of any Covenant or Agreement in my Marriage Articles contained of for the performance of the same I having herein after made other provision for the same in case the same shall not be performed and made good but if my express will and desire that my Marriage Articles may and shall be fully and amply made good and complied with and that my said wife shall have all the estate and premises thereby agree to be settled upon her for her life fully and effectually settled upon her according to the tenour and true meaning of the said Articles and that she shall enjoy the same accordingly Item I give and devise all and singular my severall Messuages farms lands Tenements and hereditaments whatsoever situate lying and being in Stubley and Woodhouse in the parish of Dronfield in the said County of Derby or in either of them elsewhere in the said parish of Dronfield or in any other place or places in the said County of Derby and all my estate title and interest therein which were the Messuages Lands Tenements or hereditaments of my said deare wife before the time of our inter marriage and are expressed and contained in certain Indentures Quadripartite of Grant and Release bearing date the second day of March in the yeare of our Lord God one thousand seven hundred and sixteene and made or intended to be made between my said wife (by the name of Martha Morewood) of the first part Authdale(?) Palmer Esq of the second part Rowland Morewood Esq and Henry Fourne Esq of the Third part and my selfe of the fourth part unto Thomas Stones of Mosborough in the said County of Derby Esq and William Scriven of Norton in the said County of Derby gents and to their heirs In trust and for the intent that they the said Thomas Stones and William Scriven and the survivor of them and the heirs of such survivor may and shall stand and be seized thereof as security for the performance of all and every the Covenants Grants Articles Clauses and Agreements contained in certain Articles of Agreement Quadripartite bearing the aforesaid second day of March in the yeare of our Lord God One thousand seven hundred and sixteen made between my selfe of the first part the said Authdale palmer of the second part the said Rowland Morewood and Henry Fourne of the Third part and my aforesaid wife (by the name of Martha Morewood) of the fourth part and with on the part and behalves of me my heires executors and administrators and or ought to be observed or performed and that my said Trustees Thomas Stones and William Scriven and the Survivour of them and the heires of such sd survivors may and shall by and out of the rents and profits of the aforesaid Messuages Lands Tenements and premises or by sale or other disposition of the same Messuages Lands Tenaments and premises or any part thereof repaire satisfy and make good all such damages and losses as shall happen or come unto my said wife for or by reason of her being hindered or averted in or from the possession or enjoyment of all or any  Messuages lands Tenements Titles or hereditaments in the said Articles of Agreement specifyed or intended attending to the tenour effect and true meaning of the same Articles or for or by reason of the non-performance of all or any of the said Covenants Grants Clauses or Agreements in the said Articles And afterwards and after such satisfaction made as aforesaid or in case my said wife shall have assured to her by proper Conveyances or Assurance all the premises in and by the said Marriage Articles mentioned and contained to be for my said wife for her life and shall be permitted to enjoy the same accordingly In trust to the intent that they the said Thomas Stones and William Scriven or the survivor of them or the heirs of such survivor may and shall by and out of the said premises so to them the said Thomas Stones and William Scriven herein by me devised of the then residue thereof of the rents and profits thereof of the then residue thereof yearly during the life of my said wife (if she soe long continue a widow or sole and unmarryed) raise the yearely sume of Thirty pounds and pay the same yearely in manner following (that is to say) the yearely sume of Ten pounds part therof to my said Brother Samuel Bradshaw his executors administrators or assigns the like yearely sume of Ten pounds other part thereof to my said Brother Thomas Bradshaw his executors administrators or assigns and the like yearely sume of Ten pounds residue thereof to my aforesaid Sister Frances Bradshaw her executors administrators or assigns the same yearely payment to be made half yearely by even and equal portions And upon further …… to the intent that they the said Thomas Stones and William Scriven and the Survivor of them and his heirs may and shall permit and suffer my said wife to have and enjoy and to receive and take the then residue of the rents and profits of the premises so to them the said Thomas Stones and William Scriven devised as aforesaid for and during her natural life (if she soe long continue a widow or sole and unmarryed) And from and after the decease or next marriage of my said wife (which shall first happen) then the said Thomas Stones and William Scriven and the survivor of them and his heirs shall stand and be seized of the premises soe to them the said Thomas Stones and William Scriven devised as aforesaid out of the said then residue thereof upon the Trust following (that is to say) I entrust that they the said Thomas Stones and William Scriven or the Survivor of them or his heirs may and shall by and out of the rents and profits thereof by Sale or other disposition of all or any part of the same premises raise and levy the sume of Six hundred pounds and pay the same in manner following (that is to say) Two Hundred pounds part thereof to my said Brother Samuel Bradshaw his executors or administrators Two hundred pounds other part to my said Brother Thomas Bradshaw his executors or administrators and Two hundred pounds residue thereof to my said sister Frances her executors or administrators with lawfull interest for the same after the rate of five pounds per Cent … And from the time of such death or second Marriage of my said wife Martha And upon this further Trust and to the intent that in case my said wife shall marry againe and take another husband then the said Thomas Stones and William Scriven or the Survivor of them or his heirs shall by good and sufficient Conveyance and Assurances in the Law well and sufficiently convey and assure the said premises soe to the said Thomas Stones and William Scriven devised as aforesaid or the then residue thereof unto my said Brother Samuel Bradshaw and his heirs But in case my said wife shall after my decease continue a widow or sole and unmarryed during her life then the said Thomas Stones and William Scriven or the survivor of them or the heirs of such survivor shall by good and sufficient Conveyance and Assurance in the Law well and sufficiently convey and assure the said premises soe to them the said Thomas Stones and William Scriven devised as foresaid of the then residue thereof unto the right heires of the said Martha my wife forever or unto such person or persons as she the said Martha shall by any writing under her hand and seale executed in the psence of foure or five or more credible witnesses give limit appoint or divest the same And my will and mind is that my aforesaid Trustees shall not be answerable or accountable severally for what he or they respectively shall actually ….. and noe more And that they my said Trustees shall be indemnified out of my estate hereby devised to them all such costs charges damages and expenses as they or either or any of them shall sustain or be put unto in or about the exercise of the Trusts hereby reposed in them And my will and mind further is That if any person or persons herein named his her or their heirs shall contrary to the tenour effect and true meaning of my aforesaid Marriage Articles or Agreement hinder or …… to be hindered or avirted my said wife in or from the possession or enjoyment of all or any the lands Tenements Titles or heriditaments in the said Articles of Agreement specified or therein mentioned to be agreed to be settled or to be to my said wife for her life Then the said Thomas Stones and William Scriven or the Survivor of them or the heires of such Surivivor shall immediately after such said hindrance or obs’tton by good and sufficient Conveyance and Assurance in the Law well and sufficiently convey and assure the said premises so to them the said Thomas and William Scriven devised as aforesaid unto my aforesaid Wife and of her heires and assigns forever freed and discharged from the payment of the aforesaid yearly sume of Thirty pounds and from the aforesaid sume of Six hundred pounds And my Will is that in such case the said yearly payment of Thirty pounds shall cease and that the aforesaid sume of Six hundred pounds shall not be raised or paid And I do hereby revoke all former Wills by me made In Witness whereof to this duplicate of this my last Will and Testament containing four whole sheets of paper and so much as is written on this last Sheete I have to each and every of the said Sheets sett my hand and to this fifth and last I have sett my Seale dated the day and year first before written

Antho Bradshaw

Signed sealed published and declared by the before named     
Testator Anthony Bradshaw for and as his last Will and
Testament in the p’sence of us who all subscribed our names
as Witnesses hereunto in the presence of the said Testator

Thomas Ward
Francis Radford
Hugh Bateman jnr